DURHAM, N.C. -- A woman who claims she was sexually assaulted by members of Duke University's lacrosse team was described as "just passed-out drunk" by one of the first police officers to see her, according to a recording of radio traffic released by Durham police on Thursday and obtained by The Associated Press.

The conversation between the officer and a police dispatcher took place about 1:30 a.m. March 14, about five minutes after a grocery store security guard called 911 to report a woman in the parking lot who would not get out of someone else's car.

The officer gave the dispatcher the police code for an intoxicated person and said the woman was unconscious. When asked whether she needed medical help, the officer said: "She's breathing and appears to be fine. She's not in distress. She's just passed-out drunk."

The black woman, a 27-year-old dancer and college student, told police she was sexually assaulted and beaten by three white men around midnight at an off-campus party thrown by Duke's lacrosse team. The racially charged allegations have led Duke to cancel the highly ranked team's season and accept the resignation of its coach.

No charges have been filed, but district attorney Mike Nifong has said he believes a crime was committed. Attorneys for the players have said DNA tests failed to connect any players to the alleged attack, and they have urged Nifong to drop his investigation.

The radio recordings, obtained by the AP through a records request, are the first instance in which police or anyone connected with the investigation has said the woman appeared to be intoxicated.

Defense lawyers, however, have said time-stamped photographs taken by the players show that the accuser was drunk and had already suffered some injuries when she arrived at the house for the party.

The recording is consistent with "what I have seen of the photo evidence before," attorney Kerry Sutton said. Those photos, she said, showed that she was "way beyond where you would put somebody behind the wheel of a car."

The description of the woman's medical exam -- which Nifong has said is his basis for believing a rape occurred -- does not mention her being drunk. It states only that the woman's injuries and behavior were consistent with having been raped, sexually assaulted and having suffered a traumatic experience.

The woman has told police she and another dancer hired to dance at the party arrived at 11:30 p.m. March 13. The pair reportedly left the house a short time later, fearing for their safety. The accuser told police the two were coaxed back into the house with an apology, at which point they were separated. That's when she said she was dragged into a bathroom and sexually assaulted, beaten and choked for a half-hour.

At 12:53 a.m., police received a 911 call from a woman complaining that she had been called racial slurs by white men gathered outside the home where the party took place.

The defense has said it believes the second dancer at the party made that call. The 911 call from the grocery store security guard was placed at 1:22 a.m.

In it, the caller says, "Um, the problem is ... it's a lady in somebody else's car and she will not get out of their car. She's like, she's like intoxicated, drunk or something. She's, I mean, she won't get out of the car, period."

A police spokeswoman did not immediately return a call seeking comment on the radio traffic.

The case has focused intense national scrutiny on Duke and the lacrosse players and has sparked protests on the elite private university's campus and elsewhere in Durham. The school last week canceled the highly ranked team's season and coach Mike Pressler resigned after the release of a vulgar and graphic e-mail sent by a team member shortly after the alleged assault.

Several of the defense attorneys say they expect the district attorney to ask a grand jury on Monday to issue charges in connection with allegations.

"Rest up on Sunday," Sutton said.

There has been no official word, however, on whether Nifong intends to present the allegations Monday. His next opportunity would come two weeks later.

He's going to charge one of these guys, probably based on a random, two-week old ID and the kid's going to have to go through the living hell of being brandished as a racist and rapist. This is going to be done just so the DA can try to win an election. It won't matter to him if the kid is ultimately acquited. This case is just such total and utter BS.

We may have come 180 degrees from the world of To Kill a Mockingbird. Now it may be that when a white man is accused by a black woman, he must be found guilty because of community sentiment, regardless of what actually happened and regardless of how flimsy the evidence might be. The accused can always hope to have the verdict reversed on appeal.

She is black and they are white - he will move heaven and earth to make sure charges are brought.

If I had all this negative pablicity and felt I had to make a stupid attempt to win this case, I would not make another move until school is out for the summer. I would keep making excuses like we are still looking for evidence or something. It is so explosive right now that I would not want two entire universities being in session on my next move.

I actually will give the woman a pass on this one. If she had truly been raped (by the athletes or anyone else) and was stunned she might be unwilling to get out of the car and that might cause the first reporting officer to conclude she was on drugs or drunk when that might not be the case. If they administered no test, they can't really say if she was or not.

I think this information is taken out of context much the way the hateful e-mail by the lacrosse player has been. It looks different now than it would have seemed at the time.

14
posted on 04/13/2006 3:31:46 PM PDT
by Tall_Texan
(I wish a political party would come along that thinks like I do.)

DURHAM, N.C.  Time-stamped photographs will show an exotic dancer was already injured and "very impaired" when she arrived at a party where she claims she was raped by members of's men's lacrosse team, an attorney for one of the players said Sunday.

Durham attorneysaid some of the photographs, taken when she arrived at the house, indicate the woman was injured before getting to the party March 13. They show extensive bruises and scrapes on her legs, especially around the knees, he said.

"This young lady was substantially impaired. She had fallen several times during the course of the evening," Thomas said.

He declined to identify the player he represents and said he would not release the photos, taken by at least two cameras, until pendingtests are completed.

Yep, and the grand jury would no doubt conclude that this is yet another drive-by media hit on these players with the help of this pimping district atty. The D.A. needs to keep this story alive until he wins reelection with the help of dem black votesand it's disgraceful. If he had solid evidence against these guys, a grand jury would have already been convened.

Maybe the DA is under the gun here...of his own higher highers or just trying to do what political wannabes do...reaching for the brass ring just a little too much stretch... There goes his big high profile pro minority anti rich college white boy case...

They hide the black player from that team...I havent heard his testimony yet...that should be interesting...if he takes care of his team mates like he should..and tells the truth...

After having worked as a bouncer in college at a couple of these joints...I am in favor of the college kids on this one

I normally did not like those little bass turds at the clubs where I worked..but the hooker-stripper-druggie-exotic dancer (whatever)...well lets just say they arent exactly known for their ability to distinguish truth from fiction...and have been known from time to time to engage in criminal enterprises and associate with known felons..

Not that this one would ...of course...

imo and limited experience

23
posted on 04/13/2006 3:39:13 PM PDT
by joesnuffy
( 'This Guest Worker Program' is the only way to keep us safe and warm at night)

NBC17 is reporting that the security guard said that the accuser was out of it in the car, that she appeared intoxicated but she didn't smell anything, and she said that when the police got there, it took a long time to get the girl awake enough to get her out of the car and that they finally had to pry her fingers loose from the car brake to lift her out -- yes, lift her out.

And she said the police were did not say they were going to take her to the hospital -- they said they were going to take her to the 24 hour holding tank.

If they administered no test, they can't really say if she was or not.

Exactly. Which is why if this goes to trial, any testimony by this officer about the plaintiff's state of intoxication will likely be inadmissable. I know I'd move to have it excluded if I were the prosecutor.

Duke Lacrosse Attorney: No Sign Indictments Are Looming Lawyer Says DA May Not Submit Case To Grand Jury Next Week

DURHAM, N.C. -- An attorney who represents dozens of players on Duke University's men's lacrosse team said Thursday he has received no signals from Durham County's prosecutor that he plans to present rape or sexual assault charges to a grand jury meeting Monday.

Robert Ekstrand said he has heard nothing from District Attorney Mike Nifong to suggest that indictments are looming, saying statements made by other defense attorneys that Nifong plans to go to the grand jury are purely speculative.

I won't guess which way a grand jury would go because they could easily indict on flimsy evidence. My thinking is that if she is lying to a grand jury, that is a felony. The attorneys for the males would likely push for the State Attorney's office to prosecute if it is determined that she IS lying. And if the State won't prosecute then they should go federal to defend the civil rights of the accused.

Since when is being drunk or on drugs a pass for being raped? Is is ok now to rape women who are drunk or drugged? What if the rapist(s) was the ones to get her drugged or drunk, and even if she did it on her own how does that make it not rape? Did I miss something here? Did they pass new laws lately?

37
posted on 04/13/2006 3:46:02 PM PDT
by calex59
(No country can survive multiculturalism. Dual cultures don't mix, history has taught us that!)

She got disrespected by the guys. I'm sure that's what most of this is about. She showed up drunk and not at all what they were expecting and they started to make fun of her, call her names, etc. She wanted revenge because she got "disrespected." Some really e-mails from the students said she showed up tripped out on something.

Exactly! He'll be branded a rapist and then they will find him not guilty and his life will be just as over as if he were convicted and she'll just go on with little or no stigma cause she'll get a new weave and change her name and move on to the next grift.

I think some of the attorneys have said that there are going to be indictments so that people aren't shocked by it if they are and then we'd have the "I told you all they were guilty" crowd all over again.

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